For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BEST MANAGEMENT PRACTICES (BMPs). Schedules of activities, prohibitions of practices, general good housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices to prevent or reduce the discharge of pollutants directly or indirectly to stormwater, receiving waters, or stormwater conveyance systems. BMPs also include treatment practices, operating procedures, and practices to control site runoff, spillage or leaks, sludge or water disposal, or drainage from raw materials storage.
CLEAN WATER ACT. The Federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.), and any subsequent amendments thereto.
CODE ENFORCEMENT BOARD. The enforcement agency and or any duly authorized designee.
CONSTRUCTION ACTIVITY. Land disturbance activities subject to KPDES general construction permits or local permits. These include construction projects resulting in land disturbance of five acres or more. Such activities include but are not limited to clearing and grubbing, grading, excavating, and demolition.
HAZARDOUS MATERIALS. Any material, including any substance, waste, or combination thereof, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause, or significantly contribute to, a substantial present or potential hazard to human health, safety, property, or the environment when improperly treated, stored, transported, disposed of, or otherwise managed.
ILLEGAL DISCHARGE. Any direct or indirect non-stormwater substance or hazardous materials disposed, deposited, spilled, poured, injected, seeped, dumped, leaked, or placed by any means, intentionally or unintentionally, into the MS4 or any area that has been determined to drain directly or indirectly into the municipal separate storm sewer system (MS4), except as exempted in § 52.060.
(1) Any drain or conveyance, whether on the surface or subsurface, which allows an illegal discharge to enter the MS4 system (storm drain system) including, but not limited to, any conveyances which allow any non-storm water discharge including sewage, process wastewater, and wash water to enter the storm drain system and any connections to the storm drain system from indoor drains and sinks, regardless of whether said drain or connection had been previously allowed, permitted, or approved by the Code Enforcement Board; or
(2) Any drain or conveyance connected from a commercial or industrial land use to the storm drain system which has not been documented in plans, maps, or equivalent records and approved by the Code Enforcement Board.
INDUSTRIAL ACTIVITY. Activities subject to NPDES industrial permits as defined in 40 CFR, § 122.26(b)(14).
ISSUING AUTHORITY. The Code Enforcement Board or duly authorized designee.
KDOW. Referring to the Kentucky Division of Water.
KENTUCKY POLLUTANT DISCHARGE ELIMINATION SYSTEM (KPDES) STORMWATER DISCHARGE PERMIT. A permit issued by the Kentucky Division of Water (KDOW) under delegated authority by the United States Environmental Protection Agency (USEPA) pursuant to 33 U.S.C. § 1342(b) that authorizes the discharge of pollutants to waters of the United States, whether the permit is applicable on an individual, group, or general area-wide basis.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4). A conveyance, or system of conveyances including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, and storm drains designed or used for collecting or conveying stormwater to the waters of the United States. Sanitary and combined sewers are not included in the definition of the MS4 MUNICIPAL SEPARATE STORM SEWER SYSTEM.
NON-STORMWATER DISCHARGE. Any discharge to the MS4 storm drainage system that is not composed entirely of stormwater.
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) STORMWATER DISCHARGE PERMIT. A permit issued by EPA (or by a state under authority delegated pursuant to 33 U.S.C. § 1342(b)) that authorizes the discharge of pollutants to waters of the United States, whether the permit is applicable on an individual, group, or general area-wide basis
PERSON. Except to the extent exempted from this subchapter, any individual, association, organization, partnership, firm, corporation or other entity recognized by law and acting as either the owner or as the owner's agent.
POLLUTANT. Anything which causes or contributes to pollution. Pollutants may include, but are not limited to: paints, varnishes and solvents, oil and other automotive fluids, non-hazardous liquid and solid wastes and yard wastes, refuse, rubbish, garbage, litter, or other discarded or abandoned objects, ordinances, and accumulations, so that same may cause or contribute to pollution, floatables, pesticides, herbicides, fertilizers, hazardous substances and wastes, sewage, fecal coliform and pathogens, dissolved and particulate metals, animal wastes, wastes and residues that result from constructing a building or structure, and noxious or offensive matter of any kind.
PREMISES. Any building, lot, parcel of land, or portion of land whether improved or unimproved including adjacent sidewalks and parking strips.
STORM DRAINAGE SYSTEM. Publicly-owned facilities by which stormwater is collected and/or conveyed, including but not limited to any roads with drainage systems, municipal streets, gutters, curbs, inlets, piped storm drains, pumping facilities, retention and detention basins, natural and human-made or altered drainage channels, reservoirs, and other drainage structures.
STORMWATER RUNOFF or STORMWATER. Any surface flow, runoff, and drainage consisting entirely of water from any form of natural precipitation, and resulting from such precipitation.
STORMWATER POLLUTION PREVENTION PLAN (SWPPP). A document which describes the best management practices and activities to be implemented by a person or business to identify sources of pollution or contamination at a site and the actions to eliminate or reduce pollutant discharges to stormwater, stormwater conveyance systems, and/or receiving waters to the maximum extent practicable.
UNDILUTED DISCHARGES. A discharge that has not been messed with that of another source such as another septic tank.
WASTEWATER. Any water or other liquid, other than uncontaminated stormwater, discharged from a facility.
WATERS OF THE STATE. Any and all rivers, streams, creeks, branches, lakes, reservoirs, ponds, drainage systems, springs, wells, and other bodies of surface and subsurface water, natural or artificial, lying within or forming a part of the boundaries of the commonwealth which are not entirely confined and retained completely upon the property of a single person.
WATERCOURSE. Any natural or improved stream, river, creek, ditch, channel, canal, conduit, gutter, culvert, drain, swale, or wash in waters flow either continuously or intermittently.
WATERSHED. A lowland area, such as a march, that is saturated with moisture, as defined in § 404 of the Federal Water Pollution Control Act Amendments of 1987.
(Ord. 14-1002, passed 4-28-14)